Chandler v. Hughes County

Citations

• 9 S.D. 24
• 67 N.W. 946
• 1896 S.D. LEXIS 103

Syllabus

<p>Plaintiff was elected county assessor in 1892, and in April, 1893, took the prescribed oath; but the county board erroneously and without authority refused to approve his bond because he did not qualify, etc., on the first Monday in January preceding, or within ten days thereafter, declared the office vacant, and appointed one L., who qualified, and made the assessment in May and June following as provided by law. Plaintiff was an applicant for the appointment, and took no legal steps to compel the board to approve or act upon his bond, and did not present the bond to_ the judge of the circuit court for approval, as provided by Comp. Laws, Sec. 1376, in such cases. Held, that after L. received the compensation, plaintiff could not recover from the county a sum equal thereto, or any other sum. Pylpaa v. Brown Co. (S. D.), 62 N. W. 962, distinguished.</p>